I wake up to the following news on twitter:
BREAKING: WTO issues bombshell ruling, saying Russia was right to invoke Article 21 “national security” exemption to impose trade restrictions on Ukraine. Potential win for
@realDonaldTrump who uses national security as justification for his (steel or cars) tariffs.
My view: It’s a bombshell decision, perhaps, but also the WTO’s incarnation of Marbury vs. Madison. Notably, the decision excuses Russia while ALSO stating ‘the Panel rejected Russia’s jurisdictional argument that Article XXI(b)(iii) was totally “self-judging” (paras. 7.102-7.104),’ preserving its role as ultimate adjudicator. This won’t necessarily be something that pleases the current US administration.